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Author: James LiuMain Trademark Legislation in China in 2023 1. The Standard for the Circumstances for Suspension of Review cases 2. Pre-filing of administrative litigation cases against review of refusals grant the plaintiff 12 months (not extendable)3. Measures for the Implementation of the Provisions on the Administration of Enterprise Name Registration 4. Convention on the Abolishment of the Legalization Requirements for Foreign Public Documents will come into effective in China5. Notice on comprehensively implementing online filing for opposition cases6. Draft Amendments to Chin...
2024
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Author: jia chang ZhangIntroductionWith the development of science and technology, the patentability of biotechnology, especially human genes, has always been in dispute. Proponents argue that human genes should be patented without restriction, and that any possible challenges and concerns can be addressed by patent standards. This article will first analyz patent systems in the United States and Europe to examine the patentability of genes, and the role of patent standards in protecting human genetic development. Then focus on evaluating the legitimate concerns raised by opponents about human...
2023
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: August 30, 2023Introduction The China Standard Contractual Clauses (hereinafter the “China SCCs”) as well as the application rules have been promulgated by the Cyberspace Administration of China (hereinafter the “CAC”) on February, 24, 2023, and have become effective on June 1, 2023.The CAC offers a six-month grace period for personal information handlers [1](hereinafter the “PI Handlers”) to take necessary measures to comply with the requirements for their cross-border transfer of Personal Inf...
2023
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Author: Wenjuan(Judy) Liu; Danqing(Belinda) ZhaoIn the trademark authorization procedures, in order to overcome the prior cited mark, a common strategy would be to take action against the earlier mark via opposition, non-use cancellation, or invalidation. However, examination results of the trademark application or the review of refusal will very often come out before the counter-action is decided, thus leaving the owner to either continue to file costly appeals or refile an application for their own trademark. To reduce the amount of unnecessary administrative litigation caused by the un...
2023
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Author: Judy (Wenjuan) LiuDefensive trademark registration protection in related classes for important core trademarks has become a common strategy adopted by trademark right holders. Despite the increasing efforts to combat trademark squatting in bad faith, defensive trademark registration is still undoubtedly the most economical and effective way. However, 'defensive trademark' is not a 'special statutory right of' trademark under the Trademark Law of Republic of China (hereunder refers to PRC Trademark Law). Its registration protection is still subject to the PRC Tradem...
2023
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: February 8, 2023 Introduction Filing defensive trademark is a common strategy used by trademark owners to prevent trademark infringement and trademark squatting. There is no unified definition for defensive trademarks, but there is one neat definition which could deliver their core value- Trademarks, which has been registered for the purpose of creating a “defensive” perimeter around the mark actually used by the proprietor,[1]that is, a shield. A typical defensive trademark application is...
2023
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Author: Zhao DanQing, Partner at BEIJING MINGDUN LAW FIRMAs China became the world's second largest economy, there is an increasing demand of both domestic and overseas market entities for seeking trademark protection in China. However, the loopholes in China's trademark protection system have been maliciously taken advantage of. Trademarks have been applied for in bad faith without purpose of use. Such behaviors have crowded out the increasingly tight trademark resources and disturbed the order of the market economy. In order to crack down on malicious...
2023
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